Legal Opinion

Scott v. State

Court of Criminal Appeals of Texas

Decided June 1, 1904No. 2778PublishedCited by 9 opinions

Appeal from the District Court of Jefferson. Tried below before Hon. A. T. Watts. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary.

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Appeal from the District Court of Jefferson. Tried below before Hon. A. T. Watts. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The State’s testimony was that deceased had been taken by appellant with other boys or men from a room near a saloon at night; that the deceased ran through a crack in a plank fence and the defendant went to the corner of the fence and just then another man ran right by him; defendant must have been after deceased; it took him two or three seconds to get from the corner of the fence to where deceased…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty years.

The bill of exceptions shows that defendant offered to prove by witness Bussell Holder that defendant stated to him, about 9 o’clock of the night of the homicide, at the county jail, which was within three or five minutes walk of the place of the alleged killing, that his (defendant’s) pistol had been discharged by some person running against him while he was engaged in making an arrest of several vagrants at Bowland & Tolley’s saloon.…

2Cases cited1 opinion

  1. Freeman v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by9 opinions

  1. Huddleston v. StateCourt of Criminal Appeals of Texas · 1908
  2. Broaddus v. StateCourt of Criminal Appeals of Texas · 1941
  3. State v. LangfordCourt of Appeals of Texas · 1940
  4. Houghton v. FoxCourt of Appeals of Texas · 1936
  5. Simpson v. StateCourt of Criminal Appeals of Texas · 1917

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